Legal Question in Civil Litigation in Illinois

i have cemetary lots it states in the deed that i can not sell or transfer the lots without the boards permission. will these lots automatically transfer to my wife if i pass before her. also one of the board members has since passed away does this change the agreed upon contract.thank you for any help you can provide.


Asked on 9/10/10, 7:57 am

1 Answer from Attorneys

Without seeing the paperwork, can't say for sure. But many people put plots in both names so whoever is first to pass the survivor is the owner. The cemetery will also want to know who controls the plots when the living owner passes. Check with them first, but read your paperwork thoroughly and if you're not sure sometimes a funeral home may know, but you can always take the deed to an attorney to review.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 9/21/10, 11:20 am


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